Product Update

Architects and Engineers Professional Liability Exposures and Insurance Coverage in Professional Liability Insurance


This Professional Liability Insurance release contains a comprehensive update of the exposures and insurance coverage pertaining to design professionals such as architects and engineers.

As architects and engineers take on an expanded set of tasks in order to broaden their revenue sources, activities like feasibility studies and construction management have become more impactful areas of exposure. As such, this release discusses these considerations, including the distinction between design firms operating on a construction-management-agency basis and those operating on a construction-management-at-risk basis.

One important limitation on liability for design professionals is the economic loss doctrine, which precludes recovery by a plaintiff for purely economic damages if that plaintiff is not in privity of contract with the defendant. This release provides an update on the states that do and do not apply the economic loss doctrine.

Furthermore, this release includes an updated analysis of a sample architects and engineers professional liability application (a 2016 edition), which provides a detailed look at the types of information an applicant must provide the underwriter in order to secure coverage.

Finally, all sections discussing the insurance coverage applicable to design professionals have been updated, including an analysis of the various insuring agreements available under design professional coverage forms, a detailed explanation of how pollution exposures are covered, a comparison of the different approaches to territorial provisions, a breakdown of the various expenses covered via supplementary payments provisions, and an examination of noteworthy exclusionary wording.

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